Restaurateur Fumes Over Tallahassee's Hypocrisy

MICHAEL MAYO COMMENTARY

October 9, 2005|MICHAEL MAYO COMMENTARY

Thanks to Florida voters and the Legislature, Paolo DeFrancisci can no longer smoke in his own restaurant.

On Friday afternoon, he took a drag on a Now menthol cigarette on the outdoor dining patio that cost him $215,000, looked across the street at an almost empty Dania Jai-Alai, and wondered why democracy is different when it comes to slot machines.

"I abide by the law, even when I don't agree with it," DeFrancisci said. "Why don't the politicians?"

It's been 101 days since the Legislature failed to do its sworn duty, blowing off a July 1 deadline to regulate slot machines at four Broward County pari-mutuels. You can look it up, right there in the state constitution, Article X, Section 23.

Florida voters approved the amendment allowing local choice for slot machines last November. Broward voters followed up by approving slots in a special election in March.

The Legislature refuses to do its part.

"I don't understand it," said DeFrancisci. "When the smoking amendment was passed, they got everything done right away, and all the restaurants had to follow the law. Why aren't they on the ball for this? Do these people in Tallahassee think the constitution doesn't apply to them?"

When Florida voters passed a constitutional amendment in November 2002 banning most indoor smoking, DeFrancisci wasn't happy. His restaurant, Paolo's 3's Company on Dania Beach Boulevard, is dark and cozy, with a stage for live music and a bar smokers loved.

A Republican since becoming a U.S. citizen in the 1980s, DeFrancisci thought it intrusive for government to set smoking policies for private businesses.

But when the no-smoking laws took effect in July 2003, he complied.

"The voters spoke," said DeFrancisci, 55, a Sicilian native and South Florida restaurant owner for 20 years.

He went to the bank, took out a loan and built the 72-seat outdoor deck for his smoking customers. He considered it the price of democracy.

Now he looks across the street and seethes.

Still no slot machines. Still no crowds. Still no competition for the untaxed Seminole Hard Rock Casino and its booming nightlife.

"I'm ashamed to be a Republican," DeFrancisci said. "A lot of my customers, they tease me. They say, `Are you happy? These are your guys.'"

The Republican-dominated Legislature, backed by Gov. Jeb Bush, dithers and spins about the slots snub. They say they don't like gambling much, don't consider it enough of a priority to warrant a special session. They're content to wait until next spring's regular session.

Meanwhile, the Indian casinos keep packing them in, getting richer by the day, not a penny going to the state.

The status quo makes no sense. Neither does the Republican hypocrisy. Gov. Bush huffs about not wanting to expand gambling. This from the same governor who has spurred relentless growth in the state lottery, the worst bet going, with more scratch-off games and more drawings than ever before.

When Bush came into office, the lottery had annual revenue of $2 billion. Last year it cracked $3 billion for the first time.

But for no good reason, Dania Jai-Alai, Pompano Harness Track, Gulfstream Park and Hollywood Greyhound Track still don't have slots.

Pretty soon, they'll grow tired of waiting for the Legislature to act.

My suggestion: each pari-mutuel should open a bank of 30 slot machines immediately (a judge has already ruled they could). Every Monday, they should fill a Brinks truck with 40 percent of the weekly profits and drive straight to the Broward School Board headquarters.

Call out the cameras, dump the cash in a big pile in the lobby and tell the do-nothings in Tallahassee to stick it in their sanctimonious craws and smoke it. Jackpot.

If you're upset about the slots snub, contact Governor Bush at 850-488-4441, Senate President Tom Lee at 850-487-5229 and House Speaker Allan Bense at 850-488-1450.

Michael Mayo can be reached at mmayo@sun-sentinel.com or 954-356-4508.